Posted On: May 30, 2008

Opinion Summaries: Second Circuit U.S. Court of Appeals May 30, 2008

From: Findlaw Summaries May 30, 2008.

BANKRUPTCY LAW, CIVIL PROCEDURE, COMMUNICATIONS LAW, CORP. GOVERNANCE, EVIDENCE, INTERNATIONAL LAW, JUDGMENT ENFORCEMENT

In re: Bd. of Dir. of Telecom Argentina, S.A., No. 06-5640

I"n a case involving an investor's challenges to a major Argentine telecommunications company's financial restructuring plan, the judgment is affirmed where the bankruptcy court did not abuse its discretion in: 1) confirming a petition recognizing the restructuring plan and extending comity to Argentine legal proceedings based on its finding that those proceedings did not violate U.S. public policy considerations manifested in the Trust Indenture Act of 1939, the best interests of the creditor test, or the good-faith requirement provided for in the Bankruptcy Code; nor 2) denying additional discovery or expert testimony in light of the reasonably sufficient testimonial and documentary evidence from both parties."

COMMUNICATIONS LAW, CONSTITUTIONAL LAW, CYBERSPACE LAW, EDUCATION LAW, REMEDIES

Doninger v. Niehoff, No. 07-3885

"In proceedings involving an application to preliminarily enjoin a public high school's decision, which disqualified plaintiff's daughter from running for school office after she posted a vulgar and misleading message on an independently operated, publicly-accessible web 'blog', judgment denying relief is affirmed where the district court did not abuse its discretion in determining that plaintiff failed to demonstrate a sufficient likelihood of success on her purported First Amendment and equal protection claims"


Posted On: May 30, 2008

ABA Journal Weekly Newsletter May 30, 2008

Top Stories of the Week:

Layoffs
Sonnenschein Acknowledges Layoffs of 37 Lawyers, 87 Staffers
May 28, 2008, 05:29 am CDT

"Updated: Sonnenschein Nath & Rosenthal is laying off 37 lawyers and 87 staff members, spread across practice groups and offices. Twenty-seven of the lawyers are associates, six are partners and four are of counsel"


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U.S. Supreme Court
Former Child Actor, Now Blind, Will Begin Stint as O'Connor Law Clerk
May 27, 2008, 09:35 am CDT

Education Law
Mom Considers Suit After Class Voted to Expel Her Autistic Son
May 27, 2008, 01:01 pm CDT

Women in the Law
Gender Gap Due, in Part, to 'Ambition Gap'?
May 28, 2008, 04:21 pm CDT

Criminal Justice
NYC Lawyer Charged With Groping 2 Female Attorneys at Office
May 23, 2008, 11:07 am CDT

Legal History
Prof. Names '100 Most Creative Moments in American Law'
May 23, 2008, 01:58 pm CDT

Legal Ethics
Lawyer Suspended for E-Mail Snooping
May 28, 2008, 06:56 am CDT

Legal Ethics
D.C. Area Law Firm Sues Over Outsourced Legal Work, Alleges Privilege Issue
May 23, 2008, 03:38 pm CDT

Posted On: May 30, 2008

New York Unified Court Law Librarian Association Newsletter

May 2008 issue:

The May 2008 Pro Se Newsletter, the newsletter of the New York State Unified Court System Newsletter, is being distributed because it contains at least two articles of possible interest. One article "Web-Based Services at the Supreme Court Criminal Term Library New York County" by me describes various web-based services to improve library service including access to online subscriptions to library materials. This article also mentions the backup support provided by the Public Access Library for public patrons.

A second article by my colleague Julie Gick at the Supreme Court Civil Term Library at 60 Centre St. discusses the use of records and briefs.

Pro Se Newsletter May 2008 of the New York State Unified Court System Librarian Association

Posted On: May 30, 2008

New York: Governor Paterson Defends Recognition of Gay Marriages Elsewhere

New York Governor David Paterson said yesterday May 29, 2008 that in the interests of firness and legal liability he is directing all state agencies to immediately recognize as valid same-sex-marriages solemized outside the State of New York. The Governor said that "if I didn't take this action I would be open to monetary damages and I would be discriminating against individuals who are coming here from other jurisdictions who are allowed the right [to marry] ...and are suddenly denied that right."

Governor Paterson's counsel David Nocenti prepared a memorandum dated May 14 in which he advised counsels of all state agencies in which he warned that agencies could be exposing themselves to legal liability if the Governor's directive is not followed.

To see Mr. Nocenti's May 14 memorandum click on the link below:

May 14 Memorandum on Same-Sex Marriage

Posted On: May 29, 2008

New Publications from Thomson West - Criminal Law and Procedure

May 2008

Product Media List Price
Gillespie Michigan Criminal Law and Procedure: Search and Seizure, 2008 ed. - NEW
Analyzes Michigan search and seizure law in light of the Fourth Amendment. $132.00

Gillespie Michigan Criminal Law and Procedure with Forms: Practice Deskbook, 2008 ed. - NEW
Quickly locate pertinent Michigan criminal law, including statutes, and court rules. $258.00

Baldwin's Ohio Practice, Ohio Criminal Laws and Rules, 2008 ed. (Baldwin's Ohio Practice) - NEW
This compilation provides a comprehensive criminal law reference for use in court, office, classroom, or police cruiser. $159.00

Iowa Criminal Law and Rules, 2008 ed. - NEW
This product contains text of relevant code provisions and state court rules pertaining to criminal acts, procedure, and corrections. $104.00

Courtroom Handbook on Federal Evidence, 2008 ed. - NEW
Handbook gives you correct answers to your evidentiary questions the first time and every time. $107.00

Florida Evidence, 2008 ed. (Vol. 1, Florida Practice Series) - NEW
This title provides an inclusive evidence manual for use in Florida courts. $188.00

Criminal Law: Statutory Charges, 2008 ed. (Baldwin's Ohio Practice) - NEW
Get the statutory language you need for Ohio criminal cases in one portable reference. $96.00

Federal Postconviction Remedies and Relief Handbook, 2008 ed. - NEW
Provides an extensive review of federal statutory postconviction remedies. $143.00

New Jersey Code of Criminal Justice and Motor Vehicle Laws with Related Statutes and Court Rules, 2008 ed. - NEW
This title compiles New Jersey’s statutes and rules relating to criminal law in one take-along pamphlet. $98.00

Illinois Court Rules and Procedure, Vol. III-Rules of the Circuit Courts, 2008 ed. - NEW
This pamphlet contains all rules of the Rules for Cook County and the 1st through 21st Circuit Courts in Illinois. $114.00

West's® Illinois Vehicle Code, 2008 ed. - NEW
A portable volume of Chapter 625, Illinois Compiled Statutes. $59.00

Massachusetts Criminal Law & Procedure, 2008 ed. - NEW
This work contains the complete, unannotated text of Criminal Laws in Massachusetts. $78.00

Illinois Criminal and Motor Vehicle Law, 2008 ed. - NEW
This work contains criminal and motor vehicle codes, as well as related practical laws relevant for law enforcement officers. $76.00

Ohio Arrest, Search and Seizure, 2008 ed. (Baldwin's Ohio Handbook Series) - NEW
A thorough, practical guide to the law of search and seizure, interrogation and confession, and pretrial identification.

Posted On: May 29, 2008

Chorley Lecture 2008: Self-Subservice Justice: Contingency or Transcendence Formula of Law?

CHORLEY LECTURE 2008

The 37th of a series of annual public lectures given under
the auspices of The Modern Law Review, in honour of the late
Lord Chorley of Kendal

GUNTHER TEUBNER
University of Frankfurt Professor of Private Law and Legal Sociology
London School of Economics Centennial Visiting Professor

Self-subversive Justice:
Contingency or Transcendence
Formula of Law?

Wednesday 11 June 2008 at 5.30pm
in the Shaw Library, London School of Economics & Political Science

The Chair will be taken by Professor Hugh Collins

Admission Free

The London School of Economics and Political Science
Houghton Street, London, WC2A 2AE

For details of the full range of scholarly activities offered by
The Modern Law Review visit www.modernlawreview.co.uk

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Posted On: May 29, 2008

Recent Publications Announced by William S. Hein and Co. May 2008

REFLECTIONS OF A LAWYER'S SOUL

The Institutional Experience of Professionalism at
Thomas M. Cooley Law School

Edited by

Amy Timmer & Nelson Miller

"Professionalism is, as the title suggests, a reflection of the lawyer's soul. It suggests a self-reflective and transformative way of examining and shaping the professional identity, consciousness, conscience, and confluence of mind, habits and other attitudes and activities that make a lawyer's whole." - Foreword

T"he editors of this work and other professionals at the Thomas M. Cooley Law School wanted to evaluate and describe Cooley's professionalism efforts in a series of introductory monographs, in order to share those efforts with the law school community as well as with lawyers, judges, bar leaders, alumni, law students, other law schools, and prospective law students.

The recent Carnegie Report on legal education, "Educating Lawyers: Preparation for the Profession of Law," stresses that law schools do a good job of imparting analytical skills to their students, but often fall short in teaching them ethics, a sense of justice and professionalism. The study concluded that "law schools need to do a better job integrating the teaching of legal doctrine with a much stronger focus on helping students develop practical 'lawyering' skills and understandings of ethical and moral considerations."

The editors claim that the Carnegie Report is at the forefront of that professional education reform movement, and that what it loudly declares should be done, is being done at Cooley Law School.

This book is divided into six parts. Part I, Vision, shows how a law school's history, mission, and vision can be translated into shaping the school's overall culture of professionalism. Part II, Knowledge, addresses how the knowledge dimension of a law school program, as fixed and stolid as legal doctrine might be assumed to be, can yet be influenced in different ways by aspects of a professional culture. Part III, Skills, addresses the skills dimension of the legal education program.

Part IV, Ethics, analyzes the ethics or professional identity dimension of the legal education program. Part V, Assessment, looks into the assessment of a law school extra-curricular program from the standpoint of professionalism measures. And lastly Part VI, Future, concludes the book with a look forward at the community stewards the law school hopes to produce."

1 volume..............................................$69.95
Item: 63832 ISBN: 978-0-8377-1853-2
Pages: xviii; 393
Published: Buffalo; William S. Hein & Co., Inc.; 2008


CONGRESS AND SPORTS AGENTS:

A Legislative History of the Sports Agent
Responsibility and Trust Act (SPARTA)


Edited by
Edmund P Edmonds, William H. Manz and Thomas J. Kettleson


In 1996, people across the country fell in love with Tom Cruise as the idealistic, hardworking sports agent, Jerry McGuire. He believed in his athletes and struggled tirelessly for their success. Unfortunately not all sports agents are as likeable as Jerry McGuire.

Today, there is a common perception of sports agents as unscrupulous, unethical, self-interested and dishonest, doing anything and everything to sign the next star athlete. Money, cars, jewelry, loans, parties or anything imaginable is offered by some sports agents to the student-athlete in
order to entice that professional prospect to sign with that particular agent. These types of
activities can have dire consequences on the athlete, who might lose their college eligibility, scholarships, money and credibility. In recent years, Congress has grown concerned over the
deceptive and unethical treatment of amateur athletes by sports agents.

Although a majority of individual states have adopted legislation directed toward the conduct of sports agents, the federal government found it necessary to enact Public Law 108-304, the Sports Agent Responsibility and Trust Act (SPARTA). Congress has recognized that many acts of sports agents go unpunished because of disparate, ineffective, or in some cases, a complete absence of state laws. This volume offers readers the legislative history of SPARTA. Copies of the law, reports, hearings, related bills and hearings are included in this work as well.

An additional feature of the set is an appendix containing state legislation in this area. The
Appendix includes the language from each specific state that enacted the uniform act while also including those acts from legislatures who charted their own course.


1 volume................................................................................................$95.00
Item: 64504; ISBN: 978-0-8377-1623-7; Pages: 828p.
Published: Buffalo; William S. Hein & Co., Inc.; 2008
HEIN'S SPORTS LAW LEGISLATIVE HISTORY SERIES, NUMBER 3

Posted On: May 29, 2008

Directory of European Union Information Sources

Published by Routledge, Taylor and Francis Group:

The Directory of EU Information Sources

"This is a new seventeenth edition of The Directory of EU Information Sources. It brings together a broad range of information sources, comprising not only the various constituent institutions of the European Union, their personnel, publications, information websites and representations in Europe and the rest of the world, but also diplomatic representation in Brussels, European-level trade and professional associations and NGOs, consultants and lawyers specializing in EU affairs, press agencies, EU grants and loans programmes, and universities offering courses in European integration."

According to the publisher this is the most comprehensive compilation of contacts and published information on the European Union, providing details of over 12,500 information sources.

April 2008: 279x211: 572pp
Hb: 978-1-85743-460-6: £260.00

Posted On: May 29, 2008

Recent ABA Book Publishing Announcements May 2008

Never Enough: One Lawyer's True Story of How He Gambled His Career Away

By Michael J. Burke

"I heartily recommend this book for every lawyer in America and to anyone whose life is being sadly touched by a loved one undergoing an addiction of any kind."
--John W. Reiser, President, Washtenaw County Bar Association, Ann Arbor, Michigan"

"Never Enough is the shocking, true story of Michael J. Burke, who went from being a successful lawyer, loving father and husband, and respected member of his community to a closet alcoholic and gambling addict to the tune of $1,600,000, using client's trust account funds. It’s is a succinct, powerful book that will open your eyes to the reality of gambling and alcohol addiction and what it can do to any professional's life -- even in the happiest and most successful of situations."


e-Discovery: Current Trends and Cases

By Ralph C. Losey

"Written in a clear, engaging style, Ralph Losey blends discussion of electronic discovery practice, case law, and issues into a concise and useful work. A must-read for the attorney new to e-discovery seeking a trustworthy mentor as well as to the experienced practioner seeking to deepen their knowledge."
--Jim Barrick, President & CEO, Control Discovery, Inc.


"From the basics of e-discovery, to chapters on metadata, ESI, ethical standards, and the new federal rules of civil procedure, readers of all levels of expertise will find useful information. It includes in-depth, authoritative legal analysis and practical advice, not only explaining the legal issues, but also the technologies behind the issues. It is also the first book on e-discovery to include the opinions and analysis of many leading experts in the field, not just those of the author."


Creating Winning Trial Strategies and Graphics

By G. Christopher Ritter

"From how the rules of evidence apply to trial graphics and what kind of graphics work best, this 4-color, best-selling guide takes you step-by-step through the graphics process--steps you can follow to simplify your case by filtering out what is distracting or unimportant. The process also clarifies and develops essential themes and other tools that jurors need so they can effectively evaluate, retain, and understand complex issues--making it more simple to convey information in an organized, clear, and convincing manner. "



Posted On: May 29, 2008

Virginia v. Moore

From: Findlaw Breaking Documents May 28, 2008;

Suspect's Constitutional Rights Not Violated, Even If Prohibited By State Law

VIRGINIA V. MOORE

"(U.S. Supreme Ct., April 23, 2008) - Police did not violate a suspect's Fourth Amendment rights when they made an arrest based on probable cause but prohibited by state law, or when they performed a search incident to the arrest."

Posted On: May 29, 2008

Victor Dimaio v. Democratic National Committee and Florida Democratic Party

From: Findlaw Breaking Legal Documents, May 28, 2008.

Presidential Election Litigation

VICTOR DIMAIO V. DEMOCRATIC NAT'L COMMITTEE AND FLA. DEMOCRATIC PARTY

"(U.S. Dist. Ct., Mid. Dist. Fla., May 28, 2008) - A federal court dismissed a lawsuit filed by a Florida voter who was upset that his vote in the state's primary would not count because the Democratic National Committee chose not to accept votes from early primaries in Florida and Michigan."

Posted On: May 29, 2008

Opinion Summaries: U.S. Supreme Court

From Findlaw Summaries: May 27, 2008.

ADMINISTRATIVE LAW, CIVIL RIGHTS, CONSTITUTIONAL LAW, ELECTIONS, GOVERNMENT LAW

Riley v. Kennedy, No. 07-77

"In a case concerning section 5 of the Voting Rights Act of 1965, the Court rules that a covered state need not obtain fresh preclearance required by section 5 in order to reinstate an election practice prevailing before the enactment of an election law struck down by the state's supreme court."

CIVIL PROCEDURE, CIVIL RIGHTS, CONSTITUTIONAL LAW, CONTRACTS, LABOR & EMPLOYMENT LAW

CBOCS W., Inc. v. Humphries, No. 06-1431

"The longstanding civil rights law, 42 U.S.C. section 1981, encompasses retaliation claims."


Posted On: May 29, 2008

Opinion Summaries: Second Circuit U.S. Court of Appeals

From: Findlaw Opinion Summaries May 28, 2008.

CIVIL PROCEDURE, INJURY AND TORT LAW

Williams v. Beemiller, Inc., No. 06-4958

"A magistrate judge's authority to hear and determine pretrial matters under the Federal Magistrates Act does not include the power to decide a motion to remand a case to state court pursuant to 28 U.S.C. section 1447(c)."

Posted On: May 29, 2008

New York Supreme Court Appellate Division Slip Opinions May 29, 2008

To see the New York Supreme Court Appellate Division First Department decisions (including index) released on May 29, 2008, click on the links below:

Index to May 29 Slip Opinions

Slip Opinions Announced on May 29, 2008


Posted On: May 28, 2008

Report: 2008 Internet Security Trends

"For a time, security controls designed to manage spam, viruses, and malware were working. Loud, high-impact attacks abated. But, as a result of this success, the threats they protected against were forced to change. In 2007, many of these threats underwent significant adaptation. Malware went stealth, and the sophistication increased."

Computerworld Resources, May 26, 2008

To highlight and address these threats and related issues in 2008 and to offer suggestions as to how to cope with them, Cisco and Ironport, two specialists in these areas, have recently published a comprehensive report: 2008 Security Trends: A Report on Emerging Platforms for Spam, Viruses, and Malware.. According to the Introduction to the Report: "This report is designed to help highlight the key security trials in 2008 and suggest ways to defend against the sophisicated generation of internet threats certain to arise in the future."

2008 Internet Security Trends: A Report on Emerging Platforms for Spam, Viruses, and Malware

Posted On: May 28, 2008

John Baldoni: Don't Lead With Your Ego

"A big ego can be a bad thing when it comes to leadership. Here's how to keep yours from getting in the way"

To see John Baldoni's complete May 21 posting on the CIO Insider Newsletter, click here.

Posted On: May 28, 2008

ABA Judicial Division: Annual Meeting Highlights

Early bird Registration: Friday, May 30, 2008, 5:00pm CDST.

Advance Registration and Housing Deadline: Tuesday, July 8, 2008, 5:00pm CDST.

Justice Center activities will take place at the Marriott Marquis Hotel unless otherwise noted.

Judicial Division Gala, Friday, August 8, 2008 from 6:00pm - 8:00pm at the New York Yacht Club.

The event is currently sold out. More tickets may become available closer to the meeting and/or onsite in New York. If more tickets do become available, they will ONLY be sold through Experient. Please check with Experient at the end of July or check the ABA Ticket Desk when you arrive in New York.

2008 John Marshall Award will be presented to Honorable Deanell Reece Tacha.

Colonel Linda Strite Murnane to receive 2008 Margaret Brent Women Lawyers Achievement Award.

Posted On: May 28, 2008

American Libraries Direct May 21, 2008

News and Views from the American Library Association (ALA):

Libraries toppled in devastating Chinese earthquake

The 7.9-magnitude earthquake that struck Sichuan Province in western China on the afternoon of May 12 killed more than 40,000 people and left another 5 million homeless. In the week after the quake, the Library Society of China posted information on damage to libraries in the region on its Chinese-language website. The library building in Beichuan County collapsed, burying five staff members under the debris, but all were rescued after being trapped for more than 70 hours. The Chinese American Librarians Association has set up a website for donations to support earthquake recovery efforts in China

Library advocates converge on the Capitol